senate Bill S1834A

Prohibits sale or distribution of any product containing a synthetic cannabinoid; establishes a defense of lack of knowledge of the content of such product

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 13 / Jan / 2011
    • REFERRED TO CONSUMER PROTECTION
  • 23 / Feb / 2011
    • COMMITTEE DISCHARGED AND COMMITTED TO ALCOHOLISM AND DRUG ABUSE
  • 28 / Mar / 2011
    • 1ST REPORT CAL.263
  • 29 / Mar / 2011
    • 2ND REPORT CAL.
  • 30 / Mar / 2011
    • ADVANCED TO THIRD READING
  • 09 / May / 2011
    • PASSED SENATE
  • 09 / May / 2011
    • DELIVERED TO ASSEMBLY
  • 09 / May / 2011
    • REFERRED TO ECONOMIC DEVELOPMENT
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO ALCOHOLISM AND DRUG ABUSE
  • 07 / Mar / 2012
    • AMEND AND RECOMMIT TO ALCOHOLISM AND DRUG ABUSE
  • 07 / Mar / 2012
    • PRINT NUMBER 1834A
  • 12 / Mar / 2012
    • 1ST REPORT CAL.326
  • 13 / Mar / 2012
    • 2ND REPORT CAL.
  • 14 / Mar / 2012
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2012
    • COMMITTED TO RULES

Summary

Prohibits sale or distribution of any product containing a synthetic cannabinoid; defines the chemical compounds which constitute a synthetic cannabinoid; imposes a civil penalty of not more than $500 for a violation thereof; creates defenses based on over the counter drugs approved by the federal food and drug administration or lack of knowledge that the product contained a synthetic cannabinoid.

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Bill Details

Versions:
S1834
S1834A
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Add ยง391-s, Gen Bus L
Versions Introduced in 2009-2010 Legislative Cycle:
S6081A, S7081A

Votes

6
0
6
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Alcoholism and Drug Abuse committee vote details

Sponsor Memo

BILL NUMBER:S1834A

TITLE OF BILL:
An act
to amend the general business law, in relation to prohibiting the sale
or distribution of products containing a synthetic cannabinoid

PURPOSE:
To prohibit the sale or distribution of any product
containing a synthetic cannabinoid.

SUMMARY OF PROVISIONS:
Section One - The General Business Law is amended by adding a new
section 391-s to define a "synthetic cannabinoid" and prohibits the
sale, offering or gift of any products containing such.
Sets forth a civil penalty for violations of this section. Creates a
defense for persons who unknowingly sell, offer or give away products
containing a synthetic cannabinoid if such knowledge was not
reasonably discoverable.

Section Two - Sets forth the effective date.

EXISTING LAW:
New York State Law does not ban the sale or gift of the herb-like
products that contain synthetic cannabinoids often known as K2, Spike
99, Spice, Yucatan Fire, Genie, Zohai and many others.

JUSTIFICATION:
Many recent news reports have brought to light the use of a legal
herb-like product that is laced with a synthetic cannabinoid that is
being smoked by individuals, including teens, as "fake weed." While
producing a marijuana-like high, dangerous side effects reported
include hallucinations, vomiting, agitation, increased heart rate,
elevated blood pressure and other adverse conditions.

This product, known as K2, Spike 99, Spice, Yucatan Fire, Genie or
Zohai and many others, can often be legally purchased in head shops,
smoke shops, tobacco shops or novelty shops. It can also be legally
purchased by mail or on the Internet. In fact, the product is often
marketed as incense or potpourri and on average sells for $30 to $40
per three gram bag. This price is comparable to what an individual
would pay on the street for the illegal substance marijuana.

Even more disturbing is that this type of synthetic cannabinoid has
never been tested for safety in humans as it was created for
experimental use in animals and cell cultures. In fact, these
synthetic cannabinoids have a chemical structure that is shared with
many cancer-causing agents.

The United States Drug Enforcement Administration (DEA) has issued
intelligence alert bulletins in regard to these substances. In
addition, the chemical compounds outlined in this legislation are on
the DEA's Office of Diversion Control's list of "Drugs and Chemicals
of Concern."


While the synthetic ingredients in these herb-like products which
mimic those of the illegal drug marijuana are banned throughout much
of Europe, bans are only beginning to take place in the United
States. Legislation banning these products recently was signed into
law in Kansas making it the first state in the nation to ban this
type of dangerous product. Legislation is also pending in Kentucky,
Missouri and Tennessee as of March 2010.

LEGISLATIVE HISTORY:
2010: S.7081A - Reported out of Consumer Protection; Committed
to Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall
have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1834--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 13, 2011
                               ___________

Introduced  by  Sens.  FLANAGAN,  AVELLA,  DeFRANCISCO, GOLDEN, KENNEDY,
  LARKIN -- read twice and ordered  printed,  and  when  printed  to  be
  committed  to  the  Committee on Consumer Protection -- recommitted to
  the Committee on Alcoholism and Drug Abuse in accordance  with  Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the general business law, in relation to prohibiting the
  sale or distribution of products containing a synthetic cannabinoid

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
391-s to read as follows:
  S  391-S.  SALE  OR  DISTRIBUTION  OF  PRODUCTS CONTAINING A SYNTHETIC
CANNABINOID. 1. FOR THE PURPOSES OF THIS  SECTION,  "SYNTHETIC  CANNABI-
NOID" SHALL MEAN ANY OF THE FOLLOWING CHEMICAL COMPOUNDS:
  (A)   CP   47.497   AND   HOMOLOGUES:  2-[(1R,3S)-3-HYDROXYCYCLOHEXYL]
-5-(2-METHYLOCTAN-2-YL)PHENOL);
  (B) HU-210: [(6AR,  10AR)-9-(HYDROXYMETHYL)-6,6-DIMETHYL-3-  (2-METHY-
LOCTAN-2-YL)-6A,7,10, 10A-TETRAHYDROBENZO[C] CHROMEN-1-OL)];
  (C)     HU-211:     (DEXANABINOL,     (6AS,    10AS)-9-(HYDROXYMETHYL)
-6,6-DIMETHYL-3-(2-METHYLOCTAN-2-YL)-6A,7,10,     10A-TETRAHYDROBENZO[C]
CHROMEN-1-OL);
  (D) JWH-O18: 1-PENTYL-3-(1-NAPHTHOYL)INDOLE; OR
  (E) JWH-O73: 1-BUTYL-3-(1-NAPHTHOYL)INDOLE.
  2.    NO  PERSON, FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
LIABILITY COMPANY OR OTHER ENTITY SHALL SELL,  OFFER  TO  SELL  OR  GIVE
AWAY,  AS  EITHER  A  RETAIL  OR WHOLESALE PROMOTION, ANY PRODUCT, WHICH
CONTAINS A SYNTHETIC CANNABINOID, WHICH MAY ALSO BE REFERRED TO  AS  K2,
SPIKE  99,  YUCATAN FIRE, SPICE, GENIE OR ZOHAI, EXCEPT AS AUTHORIZED BY
SUBDIVISION THREE OF THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06205-02-2

S. 1834--A                          2

  3.  NOTHING  IN  THIS   SECTION   SHALL   APPLY   TO   NONPRESCRIPTION
OVER-THE-COUNTER  DRUGS  APPROVED  OR  REGULATED BY THE FEDERAL FOOD AND
DRUG ADMINISTRATION.
  4.  ANY  PERSON,  FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
LIABILITY COMPANY OR OTHER ENTITY THAT VIOLATES THE PROVISIONS  OF  THIS
SECTION  BY  SELLING, OFFERING TO SELL OR GIVING AWAY AS EITHER A RETAIL
OR WHOLESALE PROMOTION ANY PRODUCT WHICH CONTAINS A  SYNTHETIC  CANNABI-
NOID,  SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED
DOLLARS PER VIOLATION, RECOVERABLE  IN  AN  ACTION  BY  ANY  ENFORCEMENT
AUTHORITY  DESIGNATED  BY A MUNICIPALITY OR POLITICAL SUBDIVISION OF THE
STATE.
  5. IT SHALL BE A DEFENSE THAT ANY PERSON, FIRM, CORPORATION,  PARTNER-
SHIP,  ASSOCIATION, LIMITED LIABILITY COMPANY OR OTHER ENTITY THAT SOLD,
OFFERED FOR SALE OR GAVE AWAY AS EITHER A RETAIL OR WHOLESALE  PROMOTION
ANY  PRODUCT  WHICH CONTAINS A SYNTHETIC CANNABINOID, DID NOT HAVE KNOW-
LEDGE THAT IT WAS A PRODUCT CONTAINING A SYNTHETIC CANNABINOID, IF  SUCH
KNOWLEDGE WAS NOT REASONABLY DISCOVERABLE.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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